KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM. APPEAL No. 408/2006 JUDGMENT DATED:30-06-2010 PRESENT: JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT SHRI.M.K. ABDULLA SONA : MEMBER Asst. Engineer, Water Works Section No.1, : APPELLANT Kerala Water Authority, Thrissur. (By Adv:Sri.V.S.Hareendranath) Vs. 1. K.I.Gopalan, Kadavil House, Viyyoor.P.O, Thrissur. (By Adv:Sri.C.Sudheesh kumar) : RESPONDENTS 2. Kerala Water Authority, R/by Managing Director, Jalabhavan, Trivandrum. JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellants are the opposite parties/Kerala Water Authority in OP.114/05 in the file of CDRF, Thrissur. The bill issued stands cancelled. The appellants are under orders to pay a compensation of Rs.3000/- and cost of Rs.1500/-. 2. There is no representation for the respondent/complainant before this Commission. 3. The case of the complainant is that he has been served with an arrear bill for a sum of Rs.8010/- for a period from 3/92 to 1/03 and further the readings and other particulars are not shown in the bill. The opposite parties had contended that the amounts are due as the complainant has consumed water to that extent. 4. The evidence adduced consisted of Exts.P1 to P5. 5. The Forum has noted that as per Regulation 13 of the Kerala Water Authority (Water Supply) Regulations 1991 the appellants are bound to take readings in every 6 months and revise the PIC. The impugned bill is for a period of about 12 years. Evidently there is deficiency of service on the part of the opposite parties/appellants. In the circumstances we find that there is no scope for interfering in this part of the order. 6. In the circumstances and in view of the fact that the impugned bill has been cancelled the direction to pay compensation and costs is set aside. The appeal is allowed in part as above. The office will forward the LCR along with the copy of this order to the Forum. JUSTICE K.R. UDAYABHANU: PRESIDENT M.K. ABDULLA SONA : MEMBER VL. |